Description

An exploration of the unclouded mind

In 1851 the requirements for the exercise of trusted discretion were outlined in In Re Beloved Wilke’s Charity as follows:
… it is to the discretion of the trustees that the execution of the trust is confided, that discretion being exercised with an entire absence of indirect motive, with honesty of intention, and with a fair consideration of the subject. The duty of supervision on the part of this court would thus be confined to the question of honesty, integrity, and fairness with which the deliberation has been conducted, and will not be extended to the accuracy of the conclusion arrived at, except in particular cases.

While the fundamental principles of that relate to the exercise of discretion are well accepted, the practical reality of exercising discretion can be somewhat daunting.

This practical webinar will explore proper decision making by reference to the relevant authorities.

Topics covered include:

• The duties of office
• Direction of the trustees’ minds
• Relevant considerations
• Challenge by beneficiaries
• Flawed decisions
• Recording and communicating decisions, and
• Management of conflicts and interests

ORIGINAL BROADCAST DATE

29 May 2024

LEARNING OUTCOMES

Attendees will gain an insight into a proper decision-making process that reflects the relevant factors and considerations that populate trustee decision making.

SUITED TO

Trustees, trustee advisers, trust administrators, legal and accounting professionals who advise trustees.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited